AKIN GUMP STRAUSS HAUER & FELD LLP 

Christine A. Samsel (CA SBN 150868) 

Heather Burror (CA SBN 205803) 

Chelsea D. Spuck (CA SBN 217746) 

2029 Century Park East, Suite 2400 

Los Angeles, CA 90067 

Telephone: (310) 229-1000 

Facsimile: (310) 229-1001 

AKIN GUMP STRAUSS HAUER & FELD LLP 

Roland M. Juarez (CA SBN 160793) 

1700 Pacific Avenue, Suite 4100 

Dallas, Texas 75201-4675 

Telephone: (214) 969-2800 

Facsimile: (214) 969-4343 

Attorneys for Defendants 

PIER 1 IMPORTS (U.S.), INC. and 

MELLON/PIER 1 PROPERTIES LIMITED 

PARTNERSHIP I 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO DIVISION 

RONALD WILSON, 

Plaintiff, 

v. 

PIER 1 IMPORTS (U.S.), INC.; 

MELLON/PIER 1 PROPERTIES LIMITED 

PARTNERSHIP I; and DOES 1 through 10, 

Defendants. 

Case No. CIV. S-04-0633 LKK CMK 

ORDER GRANTING DEFENDANTS’ 

MOTION TO COMPEL

 

On August 16, 2005, Defendants’ Motion to Compel came on for telephonic 

hearing. Mark Emmett of the Law Offices of Lyn Hubbard appeared for Plaintiff and 

Roland Juarez appeared for Defendants Pier 1 Imports and Mellon/Pier 1 Properties 

Limited Partnership I ( “Defendants”). 

Case 2:04-cv-00633-LKK -CMK Document 69 Filed 08/24/05 Page 1 of 3
Having reviewed and considered Defendants’ Motion, the exhibits thereto, 

Plaintiff’s counsel’s affidavit, and exhibits, and having heard oral argument by counsel 

for the parties, the Court finds that Plaintiff and his counsel have affirmatively engaged in 

litigation tactics to avoid providing appropriate discovery responses, and that Plaintiff has

failed to comply with this Court’s March 28, 2005 Order as outlined in Defendants’ 

Motion. 

Finding good cause exists, Defendants’ Motion to Compel is hereby GRANTED.

Accordingly, 

It is hereby ORDERED that Plaintiff’s expert Joe Card will appear for deposition 

on September 1, 2005, at the Holiday Inn in Chico, California, consistent with the notice 

and subpoena previously served by Defendants. In the event Mr. Card does not appear 

for deposition, or if additional issues arise related to Mr. Card’s deposition, the Court will 

hold a telephonic hearing prior to the September 15 deadline for discovery motions in this 

matter, or, in the alternative, will award appropriate sanctions, up to and including 

striking Mr. Card’s expert testimony and expert witness report, and precluding Mr. Card 

from testifying and offering evidence in this case. 

It is further ORDERED that Plaintiff will provide his executed verifications for 

his February and April 2005 amended interrogatory responses, as outlined in Defendants’ 

Motion, no later than August 26, 2005. 

It is further ORDERED that Plaintiff will produce all documents in his 

possession, custody or control responsive to Defendants’ document production requests 

nos. 7 and 9 relating to lawsuits filed other than in the Eastern District of California 

during the past five years, and will further amend his written responses to so state no later 

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than August 30, 2005. 

It is further ORDERED that Plaintiff will appear for deposition in the offices of 

Defendants’ attorneys, Akin Gump Strauss Hauer & Feld LLP, located at Three 

Embarcadero Center, Suite 2800, San Francisco, California 94111-4066, on September 7, 

2005, beginning at 10:00 a.m., and continuing day-to-day thereafter until completed. 

Plaintiff is instructed to answer questions regarding any other litigation, even if outside 

the Eastern District of California. If Plaintiff does not complete his deposition or 

discovery disputes arise during his deposition, this Court will hold a telephonic hearing 

on any such issues prior to September 15, 2005, and will entertain a request for sanctions 

by Defendants, up to and including precluding Mr. Wilson from testifying and offering 

evidence in this matter. 

IT IS SO ORDERED. 

Dated: August 22, 2005 

___/s/Craig M. Kellison__________________ 

CRAIG M. KELLISON 

UNITED STATES MAGISTRATE JUDGE 

Case 2:04-cv-00633-LKK -CMK Document 69 Filed 08/24/05 Page 3 of 3